Articles

All Content


2,667 Posts found
Previous • Page 20 of 267 • Next
Posted by: Amelia Ferrell Knisely on May 27, 2016

This is a Tenn. R. App. P. 9 appeal by First Tennessee Bank, N.A. (the Trustee) from the trial court?s order denying the Trustee?s motion for summary judgment. The beneficiaries of the Ray Haney TUW1 Residual Trust (the Trust) filed suit against the Trustee for breach of trust. The Trustee asserts that the suit is time-barred; it relies upon Tenn. Code Ann. § 35-15-1005 (2007).2 The trial court denied the Trustee?s motion, holding that there are genuine issues of material fact with respect to whether the suit was timely filed.

Posted by: Amelia Ferrell Knisely on May 27, 2016

The Defendant, Dinnie Merel Robertson, was indicted for one count of attempted first degree murder, a Class A felony; one count of felony reckless endangerment, a Class E felony; three counts of aggravated cruelty to animals, a Class E felony; two counts of vandalism valued at $1,000 or more but less than $10,000, a Class D felony; and one count of carrying a firearm with the intent to go armed, a Class C misdemeanor. See Tenn. Code Ann. §§ 39-12-101, -13-103, -13-202, -14-105, -14-212, -14-408, -17-1307.

Posted by: Amelia Ferrell Knisely on May 27, 2016

The Appellant, Jenkins Bonding Company, appeals the Davidson County Criminal Court?s judgment of final forfeiture of bail bonds. The Appellant argues that its obligation to secure the appearance of a defendant had been released; therefore, the trial court erred in issuing a judgment of final forfeiture. Upon review, we reverse the judgment of the trial court.

Posted by: Amelia Ferrell Knisely on May 27, 2016

WSMV reports Rutherford County Sheriff Robert Arnold, his former Chief Deputy of Administration and Finance and his uncle have been arrested on conspiracy and corruption charges. The men were indicted yesterday for pocketing thousands of dollars off the sale of e-cigarettes by JailCigs, a company owned by Arnold and his uncle, and destroying evidence. JailCigs was put in the Rutherford County jail with no competitive bidding. State lawmakers today called for Arnold to resign, The Tennessean reports

Posted by: Amelia Ferrell Knisely on May 27, 2016

Defendant, Kenderick Michael Tucker, appeals from the trial court?s revocation of probation. Defendant contends that the trial court denied him due process by relying upon evidence that was not alleged in the probation violation warrant. Defendant also contends that he was denied due process because the warrant provided insufficient notice and because the trial court made insufficient findings of fact. The State argues that Defendant admitted his probation violation, and therefore, the evidence supports the trial court?s order of revocation.

Posted by: Amelia Ferrell Knisely on May 27, 2016

A Nevada judge earlier this week ordered his bailiff to handcuff a public defender in his courtroom in order to “teach her a lesson” for reportedly talking over him. The female attorney, who regularly appears in the judge’s courtroom, was arguing to keep her client out of jail. The attorney contends that she did nothing wrong, saying, “The court’s constitutional duty is to listen to arguments, not silence them.” Read more from the ABA Journal.  

Posted by: Amelia Ferrell Knisely on May 27, 2016

“And as the (political) system collapses inward, some lower-court judges are having a terrific time,” an article in The Atlantic suggests. The author shares examples of politically-minded judges who have ruled on issues like immigration and healthcare at a time with an eight-person Supreme Court and a grid-locked Congress have not always been able to resolve disagreements or make policy. "It’s common to charge that Obama’s second term has been marked by executive overreach," the author writes. "History may record instead that these years’ true legacy is the smooth flow of power to politically minded judges and their legislative enablers."

Posted by: Amelia Ferrell Knisely on May 26, 2016

The Petitioner, Russell Dean Long, appeals as of right from the Washington County Criminal Court's denial of his petition for post-conviction relief. The Petitioner contends that he received ineffective assistance from his trial counsel (1) because a recording of a 911 call was not entered into evidence during the trial; and (2) because lead counsel told the jury during the opening statement that they would hear the recording. Discerning no error, we affirm the judgment of the trial court.

Posted by: Amelia Ferrell Knisely on May 26, 2016

The defendant, Brian E. Dodson, appeals the denial of his motion, filed pursuant to Tennessee Rule of Criminal Procedure 36.1, to correct what he believes to be an illegal sentence. Because the defendant has failed to state a colorable claim for relief under Rule 36.1, the interests of justice do not require that we waive the timely filing of the notice of appeal in this case. Accordingly, the appeal is dismissed.

Posted by: Amelia Ferrell Knisely on May 26, 2016

Defendant, Antonio Howard, along with four co-defendants, was indicted by the Shelby County Grand Jury for six counts of aggravated rape, one count of especially aggravated robbery, two counts of aggravated robbery, and three counts of aggravated assault. Following a jury trial, he was convicted as charged following a jury trial. The trial court merged counts 4-6 of aggravated rape with counts 1-3 of aggravated rape and sentenced Defendant to consecutive sentences of 25 years on each count.


Previous • Page 20 of 267 • Next